SANDEEP Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THIS revision is directed against an order of the Additional Sessions Judge dated 13.6.2007, which had rejected the appeal preferred by the revisionist against the order of the Juvenile Justice Board, declining bail to him.

(2.) ACCORDING to the prosecution, the petitioner was involved in an incident, where his maternal uncle, Bijender was murdered. The prosecution alleged that the deceased resented a relationship alleged to have been existing between his wife, and the present petitioner, his nephew (sister's son), who lived with him. It was alleged that the petitioner entered into a conspiracy with one Puran along with the deceased's wife; pursuant to their designs, Bijender was killed.

(3.) LEARNED counsel urged that the petitioner was not even named in the first information report; he was implicated much later. The final report has already been filed; the petitioner has suffered incarceration for nearly two years, since 26-8-2005. The courts were not justified in declining bail, as none of the grounds mentioned in the orders fell within the exceptions under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act').